You are using an outdated browser. For a faster, safer browsing experience, upgrade for free today.

Terms of use

1 Introduction

Welcome to Akalati.com. Akalati.com, Akalati W.L.L. and/or its affiliates ("Akalati") provides Website and Mobile Application features and other products and services to you when you visit or shop at Akalati Mobile Application or Akalati.com, or use software provided by Akalati in connection with any of the foregoing (collectively, "Akalati"). Akalati provides the Akalati Services subject to the following Terms of use and conditions (also referred to as ‘’User Agreement’’).

2 Acknowledgment and Acceptance of Terms of use and conditions

By using Akalati Website, Mobile Application and software, you agree to these Terms of Use and conditions. Please read them carefully. If you do not agree to these Terms of Use and conditions, then you may not use the Website, Mobile Application nor any of our features, products or services. ''Akalati'' reserves the right to change and modify these Terms of Use and conditions at any time without prior notice. You agree that each visit you make to the Website, Mobile Application or software shall be subject to the then-current Terms of Use and conditions, and continued use of the Website, Mobile Application or software now or following modifications in these Terms of Use and conditions confirms that you have read, accepted, and agreed to be bound by such changes and modifications.

3 Terminology

The following terminology applies to these Terms of Use and Conditions, Privacy Policy and Disclaimer Notice and any or all Agreements: "Client" and ''Customer'' refers to the buyer, the person accessing this Company's Website and Mobile Application and accepting the Company’s terms of use and conditions. "The Company", “Ourselves”, “We”, "Us", ‘’Website’’, ‘’Site’’, ‘’Mobile Application’’, ‘’Application’’, ‘’App’’, ‘’Akalati.com’’ and ‘’Akalati’’ refers to our Company ''Akalati W.L.L'' and/or its affiliates ''Akalati''. ''Vendor'', ''Restaurant'', ''Chef'', ''Provider'', ''supplier'' and ''Service Provider'' refers to the Seller, the person and/or company accessing this Company's Website and Mobile Application and accepting the Company’s terms of Use and conditions. ‘’You’’, ‘’your’’, ‘’User’’, “Party”, and “Parties” refers to all the Client, Vendor and Company, or any one of them. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of Client's order in the most appropriate manner, prevailing Bahrain Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

4 Eligibility for Membership

Akalati requires all members to be able to form legally binding contracts. Hence, membership of the Website and Application is not available to individuals under the age of 18 years. You confirm that you are 18 years of age or over the age of 18 years before you become a member of the Website. If you cannot make legally binding contract due to your age or any other reason, you are not allowed to use Akalati Website or Application. Without prejudice to any other rights and remedies of Akalati under this User Agreement or at law, Akalati reserves the right to limit or withdraw access to the Website and Application or the membership of any person if Akalati believes that person is under the age of 18 years. The Website is not available to persons whose membership has been suspended or withdrawn by Akalati. Further, if you are registering as a business entity, you confirm that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Website and Application more than once.

5 Member’s Information

You grant Akalati a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of the Website and Application and/or post on the Website and Application in the registration, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Website and Application for the purposes of operating and promoting the Website and Application in accordance with this User Agreement and the Privacy Policy . You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information. Our Privacy policy can be found in the Privacy policy section. Please read it carefully.

6 Account Holder Responsibilities and Obligations

You have been or will be requested to provide your personal information and choose a username and password during registration process to be a member of the Application and Website for use on our Website and Application. By becoming a member of the Application and Website, you agree to the following: You accept the responsibility for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Akalati of any unauthorized use of your password or account or any other breach of security. In no event will Akalati be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse Akalati for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Application, Website, services or otherwise by using your designated username and password, whether or not you authorized such access. You will provide true, accurate, current and complete information about yourself as prompted by Akalati's registration form ‘’User Profile’’. You will not include: (i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word "Akalati" in your registration user ID. Your store name (for ‘’Sellers’’) and user name (for ‘’Sellers and Buyers’’) shall not include the word "Akalati". You will treat any other member's information provided to you (in accordance with these terms of use and the information on the Application and Website) by Akalati or any other user as confidential. You will maintain and promptly update the ‘’User Profile’’ to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Akalati has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use and Conditions, without prejudice to any other rights and remedies of Akalati under these Terms of Use and Conditions or at law, Akalati has the right to indefinitely suspend, limit or withdraw your access to the Application and Website and/or your membership of the Application and Website. Akalati may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to Akalati upon such requests. You acknowledge and agree that if you do not, Akalati without liability may limit, suspend or withdraw your access to the Application and Website and/or your membership of the Application and Website. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.

7 Electronic Communications

You agree that we may communicate with you by email or by posting notices on the Application and/or Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Akalati requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Application and Website. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

8 Fees and Services

Akalati is an online platform allowing for the sale and purchase of items and services between sellers and buyers. Akalati is not a restaurant, chef, or service provider. Membership on the Website and Application is free for Buyers. Akalati does not charge buyers any fee for browsing and buying listed items and services on the Website and Application.

9 Payment Methods

By providing online payment gateways and Cash payment facilities, Akalati is merely facilitating the making of payments by buyers possible but Akalati is not involved in the process of buying and selling items nor services on the Website and Application. All sales and purchases on the Website and Application continue to be bipartite contracts between the buyer and the seller of items and services. Akalati is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any buyers and sellers, nor does Akalati have any fiduciary duty to any user. You acknowledge and agree that Akalati will hold your funds at your own risk. Once an order has been accepted, this represents an agreement between the Buyer and the Seller. The Seller has sole responsibility for this order. Cash payments are made directly to the Seller upon delivery or in advance (as per ‘’Seller requirements’’) to fulfill the order. If the buyer chose to pay with credit or debit card on the Website and Application then the transaction is processed by Akalati as an agent of the Seller for the purpose of ‘’Payment collection’’ ONLY. Delivery charges are calculated per order and based on the policy of the individual Seller. Any delivery charges or any other fees will be displayed clearly in the Order Summary. Debit and Credit Cards Payments - The customer is liable to pay by cash upon delivery any extra charges the Seller might charge as a result of any special requests or modifications made to the order. - The buyer refund procedure might take up to 6 working days to process on the Debit or Credit Cards bank payment gateway. The buyer has to follow up with the bank in case of any delay in crediting back the buyer’s account with the amount previously paid by the buyer. We will send an email to the buyer with the refund request issued to the card issuing bank as reference in case the buyer wants to revise the bank with. - Buyers using the Debit or Credit Cards facility are requested to be available on their respective contact numbers. - The buyer would be reimbursed by the Seller in case the Seller faced the inconvenience of a missing item (Reimbursement applicable only for the missing item and is subject to the Seller own reimbursement policy). - Debit or Credit cards used in placing orders through the online payment gateway on the Website or Applications must belong to the buyer. Otherwise, the buyer must attain the legal permission from the card owner to perform the transaction. - The buyer is entirely liable for placing an order using the Debit or Credit Cards facility after carefully reading all the terms & conditions.

10 Transfer of Rights and Obligations

You hereby grant Akalati the right to, and irrevocably acknowledge and agree that Akalati may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. Akalati agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Website and Application. You may not at any time, without the prior written consent of Akalati, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of Akalati.

11 Copyright

All content included on the Website and/or Application, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Akalati, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Website and/or Application is the exclusive property and copyright of Akalati and is protected by copyright, trademarks, patents or other intellectual property rights and laws.

12 Trademarks

"Akalati" and related logos, and other words and logos on the Website and/or Application are either unregistered trademarks or registered trademarks of Akalati and are protected by international trademark and other intellectual property rights and laws. Akalati's trademarks may not be used in connection with any product or service that is not Akalati's nor in any manner that disparages or discredits Akalati. All other trademarks not owned by Akalati that appear on the Website and/or Application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Akalati.

13 Relationship and Notice

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between the Seller and Akalati and Seller shall have no authority to bind Akalati in any manner whatsoever. Except as explicitly stated otherwise, any notices to Akalati from Seller shall be given by Seller via email to Akalati with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to Seller by Akalati by return email. Any notices to Seller from Akalati shall be given by notices posted on the Website and Application or by email to the email address the Seller provides to us during the registration process and shall be deemed to be received by the Seller 48 hours after any such email is sent. Alternatively, we may give the Seller notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.

14 Indemnity

You agree to indemnify and hold Akalati and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.

15 Limitation of Liabilities

To the extent permitted by law, Akalati, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Website and Application, its services or this User Agreement (however arising, including negligence or otherwise and whether or not Akalati has been advised of the possibility of such losses or damages). If you are dissatisfied with the Website and Application or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Website, Application and its services as a result of your negligent act or omission would result in irreparable injury to Akalati and Akalati shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.

16 No Warranty

Akalati provides the Website, Application and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Akalati makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website and Application or that the operation of the Website and Application will be error free and/or uninterrupted. Akalati makes no warranty that defects will be corrected or that the Website and Application or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Website and Application may be susceptible to data corruption, interception, non-availability and delays. The Website and Application may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Akalati has no obligation to provide support for the Website and Application. You expressly agree that you use the Website and Application at your own risk.

17 Withdrawal of Access and/or Membership

Without prejudice to any other rights and remedies of Akalati under this User Agreement or at law or otherwise, Akalati may limit, suspend or withdraw your membership and / or your access to the Website and/or Application at any time, without notice, for any reason, including without limitation, breach of this User Agreement.

18 Use of the Website and Application

While using the Website and/or Application, you will not do any of the following: - post Information or content or list items or services in an inappropriate category, list or location - post items or services that you do not have a right to link to or include - post items or services that you cannot commit to deliver on time - post items or services to serve geographic area that you cannot support or deliver to - post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment - post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments - post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy - post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent - post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest - post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way - post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with the local law, rules, morals, values, ethics and traditions of where your items and services are sold and served. - post Information or content or list items which may (in our sole discretion) threaten national security of any country or region - post Information or content or list items or services which may (in our sole discretion) constitute or be considered to promote gambling - use "keyword spamming" in listing items or services for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing) - use contacts made by buying or selling on the Website and/or Application to solicit (including by email or otherwise) sales on other items and services directly and/or from another website or application - claim an item or service was not sold when in Akalati's sole discretion the item or service was sold in accordance with this User Agreement and the Website and Applications’ policies - manipulate or attempt to manipulate the Website and/or Application in any way including the prices of any items or services on the Website and/or Application (either alone or in conjunction with other users) - circumvent or manipulate our fee structure, the billing process, or fees owed to Akalati - take any action that may undermine the Website and/or Applications’ feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Website and/or Application or use of such information for purposes unrelated to Akalati) - transfer your account (including feedback) and username to another party without our consent - distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes - distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer or mobile applications programming technologies that may harm the Website and/or Application, or the interests or property of the Website and/or Application users - create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers - take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure - interfere or attempt to interfere with the proper working of the Website and/or Application - attempt to take over another user's account or carry out any hacking or phishing of the Website and/or Application or user accounts and related features - copy, modify, or distribute any content from the Website and/or Application or otherwise infringe the Website and/or Application’s copyright material and/or trademarks in any way - violate any laws, rules, regulations, guidelines, third party rights or our policies - abuse any of Akalati’s policies or terms and conditions posted on the Website and/or Application at any time - directly or indirectly, offer, attempt to offer, trade in, attempt to trade in, or include descriptions or links to any item or service that does not fit in Akalati’s categories and lists (Akalati Categories and lists may be changed and modified periodically, check Akalati’s categories and lists on the Website and/or Application for reference) - directly or indirectly, offer, attempt to offer, trade in, attempt to trade in, or include descriptions or links to any item or service of the items below: Liquor ‘’includes non-alcoholic beer’’, Ham, Bacon or any meals that includes pig meat in any form, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances And you undertake, represent and warrant that: - you are 18 years of age or over the age of 18 years; - if you are a corporate representative, you have authority to bind the corporate entity; - you are the sole and exclusive legal and beneficial owner of all items and services of any description that you wish to offer for sale on the Website and/or Application and you have complete right, title and authority to deal in and offer for sale such items; - you will inform Akalati of any postings, items or transactions which appear to be in violation of this User Agreement; - you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Website and/or Application; - information you provide on the Website and/or Application in respect of items and services you wish to sell shall be as accurate as reasonably possible; - you will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the Selling, buying or listing processes, or anywhere on the Website and/or Application including the feedback area, discussion forum or through any e-mail feature of the Website and/or Application intended to bypass use of Akalati; - you will not use contact information provided to you during the course of a transaction on the Website and/or Application to solicit additional sales offline or utilizing another website or Application - you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information; and you will not disclose or publicize any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.

19 Providing Feedback

Akalati encourages buyers and sellers on the Website and/or Application to provide feedback on each other's conduct after a transaction has closed; as this helps all users know what it is like to deal with the said buyer/seller. Your feedback will be displayed along with your user ID on the related comments and rating section. You cannot retract the feedback once you have left it. Akalati will not be responsible or liable in any way for the feedback that you post on the Website and/or Application. You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. You further agree not to post feedback in order to solicit sales outside of the Website and/or Application and not to display contact information of any person within any feedback. If you continuously receive negative feedback ratings, without prejudice to any other rights and remedies of Akalati under this User Agreement or at law, Akalati reserves the right to suspend, limit or withdraw your access to the Website and/or Application and/or your membership of the Website and/or Application. You acknowledge and agree that your feedback consists of comments left by other users with whom you transact and a composite feedback number compiled by Akalati, and that together these convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the users, you agree that you shall not market or export your Akalati feedback rating in any venue other than on the Website and/or Application. Akalati does not provide the technical ability to allow you to import feedback from other websites to the Website and/or Application because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

20 Guidelines for Reviews

Reviews are approved based on the following criteria: - RELEVANCY Reviewers must have had an experience with the restaurant firsthand. - APPROPRIATE CONTENT Akalati is not obligated to approve reviews on the Website and/or Application. A subset of the potential reasons for rejection are: Offensive Language: Profanity, abusive, racist, and hate language is not tolerated in our interactive sections. Irrelevant or non-indicative content Discrimination based on the grounds of religion, race, gender, national origin, age, marital status or disability. References to illegal activity or uncorrelated references towards society’s traditions and values. Conflicts of interest: Competing restaurants are not allowed to post negative reviews. Violation of this might result in permanent removal from our Website and/or Application. Allegations of health code violations. Outdated and obsolete information - NOT ENDORSED Reviews are not endorsed by Akalati, and do not represent the views of Akalati, our parent companies, our subsidiaries. Akalati does not assume liability for any review or for any claims, liabilities or losses resulting from any use of our Website and/or Application, or information on our Website and/or Application. - OWNED BY Akalati Reviews are owned by Akalati exclusively in perpetuity. We have the right to reproduce, modify, translate, transmit, and/or distribute all materials relating to reviews. Akalati is under no obligation to pay the author or anyone else for their reviews.

21 Seller responsibilities and rights

As a registered member of the Site, you may list item(s) and/or service(s) for sale on the Website and Application. You may only offer for sale or sell item(s) and/or service(s) on the Website and Application in compliance with applicable laws and you must be legally able to offer for sale or sell such items under applicable laws. Listings may only include text descriptions, graphics and pictures that describe your item and/or Service for sale. All listed items and/or Services must be listed in an appropriate category on the Website and Application. . You are responsible for the delivery of the item(s) and service(s) on time and to the buyer provided location on time. Soliciting business offline or outside of the Website and Application, by indicating your contact details (e.g. contact phone number, address or e-mail) in the item listing or elsewhere on the Website and Application other than in your registration data is expressly prohibited and would constitute a breach of this User Agreement. You must always have capacity to accept orders for every calendar day. The listing description of the item and/or service must not be misleading and must describe the actual item and/or service in details. If the item description does not match the actual item and/or service, you agree to refund any amounts in relation to that item that you may have received from the buyer. You acknowledge and agree that Akalati has the right to delete and/or modify any item and/or service if it does not meet any of the terms and rules in this agreement.

22 Buyer Protection

Akalati’s buyer protection policy seeks to assist buyers to ensure their purchase is protected against fraud by any sellers on the Website and/or Application. If a buyer has purchased an item(s) and/or service(s) using Akalati Website or Application and never received it or received an item or service not matching what was described by the seller, the buyer may seek protection under the Buyer Protection policy. The Buyer Protection policy involves reimbursement by Akalati to the buyer of the value of the item or service only. To be eligible under the Buyer Protection policy a buyer needs to file a complaint with Akalati within 2 hours of receiving (or not receiving) the relevant item or service. Akalati will investigate the matter and if it has been determined (by Akalati in its sole discretion) that the seller has intentionally defrauded the buyer in relation to the item or service for which Akalati has reimbursed the buyer, Akalati may limit, suspend or withdraw the seller's access to the Website and Application and/or the seller's membership and Akalati may charge the seller for Akalati’s costs in reimbursing the buyer and for any handling and shipping. Akalati reserves the right to take such further steps as it considers necessary including without limitation legal action. You acknowledge and agree that if any item or service was rejected by the buyer for reasonable reasons including but not limited to a breach of this User agreement ‘’Seller Responsibilities’’, Akalati has the right to (investigate and decide on its sole discretion) and refund the item or service costs to the buyer, or take any other steps as it considers necessary.

23 Item Return, Service Cancellation and Order Rejection

In relation to any item returns or service cancellation by buyer, the terms of the sellers are applied. Akalati does not undertake any responsibilities for the disputes, which may arise from terms of item return or service cancellation belonging to the Seller. In relation to any item(s) and/or service(s) orders rejected by seller, the payments made by the buyer shall be refunded fully. The Seller will be liable for order rejection fees to be paid to Akalati.

24 Items and Services Delivery

During any item and service delivery made by Seller, if the buyer is not available in the address specified in the system, the items and services ordered by the buyer shall not deliver to anywhere else. Within the framework of such a case, the buyer must accept all legal responsibilities arising from ordering item(s) and/or Service(s) to an address where he/she is not available.

25 Refund Policy

We take customer satisfaction very seriously. In the case of any issues arising with your order, please contact Akalati through our phone number or send us an email and we will assist you. Our contact details can be found in ‘’contact us’’ on the Website and Application. In appropriate cases, if you have already been billed by Akalati, Akalati will issue full or partial refunds. In the following cases: if you did not receive your order or received an incorrect order, you may be issued a full refund; if part of your order is missing, we may issue a partial refund. In every event, we will do our best to ensure your satisfaction.

26 Order cancellation

If a Buyer wishes to cancel an order, the terms below will be applied. If an order is cancelled within 5 minutes from placing it on the website or Application, a full refund might be made to the buyer. If an order is cancelled more than 96 hours in advance of delivery time set on the placed order on our website or Application. A partial refund may be made in such cases and a deduction of at least 15% will be applied. If an order is cancelled less than 96 hours and more than 48 hours in advance of delivery time set on the placed order on our Website or Application, the terms of the seller will apply. A partial refund may be made in such cases and a deduction of up to 50% will be applied. If an order is cancelled less than 48 hours and more than 24 hours in advance of delivery time set on the placed order on our Website or Application, the terms of the seller will apply. A partial refund may be made in such cases and a deduction of up to 75% will be applied. Orders cannot be cancelled less than 24 hours in advance of delivery time set on the placed order on our Website or Application. No refund will be made if the order is cancelled less than 24 hours in advance of delivery time set on the placed order on our Website or Application While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information An order may be subsequently cancelled by a seller after you have received a confirmation that it has been sent to the seller. Akalati and the Sellers reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.

27 Breach of User Agreement

Without prejudice to any other rights and remedies of Akalati under this User Agreement or at law or otherwise, Akalati may immediately and without liability: limit your activity, remove your items and services, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Website and Application: If you breach this User Agreement; If Akalati is unable to verify or authenticate any information you provide; or If Akalati believes (in its sole discretion) that your actions may cause legal liability for you, other users or Akalati. Akalati may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Akalati or use the Website and Application in any manner whatsoever until such time that such user is reinstated by Akalati. Notwithstanding the foregoing, if you breach this User Agreement Akalati reserves the right to recover any amounts due and owing by you to Akalati or any losses and damages caused by you to Akalati and to take such steps including legal action and/or the initiation of criminal proceedings against you as Akalati in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Akalati's right to take any actions with respect to that, or subsequent or similar breaches. Akalati does not guarantee that it will take action against all breaches that there may be of this User Agreement.

28 Privacy

Akalati takes reasonable measures (physical, organizational and technological) to safeguard against unauthorized access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. Akalati has no control over the practices of third parties (e.g. website links to this Website and/or Application or third parties who misrepresent themselves as you or someone else). You agree that Akalati may process your personal information that you provide to it for the purposes of providing the services on Akalati and for sending marketing communications to you, and that the Privacy Policy of this Website and Application governs our collection, processing, use and any transfer of your personally identifiable information. Our Privacy policy can be found in the Privacy policy section. Please read it carefully.

29 Amendments to this User Agreement

You acknowledge and agree that Akalati shall endeavor to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that Akalati at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Website and Application

30 Abusing Akalati

Please report problems of any kind or violations of this User Agreement to Akalati. If you believe that your intellectual property rights have been violated, please notify Akalati. Without prejudice to any other rights and remedies of Akalati under this User Agreement or at law, Akalati may limit, suspend or withdraw a user's access to the Website and Application and/or a user's membership of the Website and Application or remove hosted content. Also Akalati can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.

31 Platform for Communication

Akalati’s Website and Application are only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items and services. Akalati does not buy or sell items or services. Akalati is not and cannot be a party to or control in any manner any transaction between two users of the Website and Application and cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or service or provide any refund for the same. You will not hold Akalati responsible for other users' content, actions, inactions, items, services or Information they list or post. In particular: Akalati is not responsible for any non-performance or breach of any contract entered into between buyers and sellers, and does not transfer legal ownership of items or services from the seller to the buyer. The contract for sale of any item shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over any item vest with Akalati nor shall Akalati have any obligations or liabilities in respect of such item or the contract between the buyer and seller. Akalati is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items or services which are unavailable. Akalati is not required to mediate or resolve any dispute or disagreement between buyers and sellers. Akalati has no control over and does not guarantee the quality, safety or legality of items and services advertised, the truth or accuracy of sellers' content or listings, the ability of sellers to sell items, or the ability of buyers to pay for items. Akalati does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the items or services proposed to be sold or purchased on the Website and Application. In particular, Akalati does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website and Application, nor is Akalati a supplier or provider of any items or services sold by sellers or purchased by buyers. Akalati does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users. Akalati may include links to third party websites that are controlled by and maintained by others. Akalati cannot accept any responsibility for the materials or offers for items or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that Akalati is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the Website and Application. Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and Akalati holds no responsibility in respect of such arrangements. Akalati accepts no liability for any errors or omissions, whether on behalf of itself or third parties. Akalati excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Website and/or Application. You release and indemnify Akalati and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Website and/or Application and you specifically waive any claims that you may have in this behalf under any applicable law.

32 Contribution License

By posting contributions to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to Akalati an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the website and Application or the promotion thereof, to prepare derivative works of, or incorporate into other works, such contributions, and to grant and authorize sub licenses of the foregoing. Akalati has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any contributions, (ii) re-categorize any contributions to place them in more appropriate locations or (iii) pre-screen or delete any contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

33 Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

34 Authority of Akalati

Akalati may temporary suspend or completely cease the system operation at any time. Akalati shall not have any responsibilities against the members of Akalati or any third parties due to the temporarily suspension or completely cessation of the system operation. The user name and password shall be displayed and approved after the filling of the application parts to be submitted to the clients by Akalati. Akalati may prevent its clients who have filled in all parts or have connected although they have passwords from having a new password or from using their passwords for an indefinite period of time if it is deemed necessary by Akalati. Akalati does not warrant that its services shall be provided on time in a secure and complete way, the results obtained from the services shall be correct and reliable, and that the service quality shall meet the expectations. Akalati has the right to back-up and delete all or some of the files, messages which are provided by the members during the use of services for some periods deemed suitable by Akalati. Akalati shall not be held responsible for back-up and delete processes. Akalati has the ownership and copyrights arising from the ownership of the information, documents, software, designs, graphics and etc. which are produced by itself and/or bought from outside. The sales of Akalati are limited to the current availability of menus of the firms provided in Akalati. Akalati is not responsible for any item or service ordered and not delivered by the Seller due to unavailability. Akalati has right to post any information, documents, software, designs, graphics, etc. (such as the messages, poets, reports/news, file posted to the bulletin board) which are member generated and uploaded to the system by the members and/or to transmit them to another place within the Website and/or Application deemed as appropriate by Akalati. It is probable that this information is copied and/or posted by other users. In such cases, the users shall not demand any royalty from Akalati. The obligation to change the information in relation to the price, specifications, description, and availability of items and services, which are provided to sell in Akalati, belongs to the companies or Chefs which have cyber shops in Akalati. In the event of any misinformation relating to the price, specifications, description, and availability of items and services, Akalati may correct this mistake by cancelling the order. Akalati may provide transition for a member to other websites. In this case, the member agrees that Akalati shall not be responsible for the context of the websites, which the member may access through its Website and/or Application. Akalati may make any changes in the implementation of this agreement, and amend the existing articles or add new articles for the purpose of complying with any technical necessities and legislation which shall come into being in the future. Akalati may change in time the services for which any membership is not required to a form, which requires membership. Akalati may provide addition services, change some of the services partially or completely, or transform into a paid service. This Website and Application may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavor to notify customers in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.

35 Enforcement

If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Akalati with respect to the subject matter hereof. No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Website, Application or otherwise, the English text shall prevail.

36 Governing law & competent

This User Agreement is governed by and construed in accordance with Bahrain law. Disputes arising in connection with this User Agreement (including non-contractual disputes) shall be subject to the exclusive jurisdiction of Bahrain courts. This clause will survive any expiry or cancellation of this User Agreement for any reason.

37 Termination of agreement

Akalati may terminate this agreement unilaterally at any time.